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MINUTES - Special - 8/16/2011 233 CITY OF SALEM AUGUST 16, 2011 SPECIAL MEETING OF THE CITY COUNCIL A Special Meeting of the City Council was held in City Council Chambers on Tuesday, August 16, 2011 at 6:30 P.M. for the purpose of First Passage of Bond Order(s) for the repairs of the Saltonstall and Collins Middle School Buildings and environmental remediation for McGrath park, Adoption of the 2011 City Election Order, Second and Final Passage of an Ordinance to Amend an Ordinance Relative to Pawnbrokers and Second Hand Valuables, Block Party application for Beach Avenue. Notice of this meeting was posted on August 11, 2011 at 5:00 P.M. All Councillors were present. Council President Jerry L. Ryan presided. #519 – BOND ORDER FOR REPAIRS TO COLLINS MIDDLE SCHOOL The following Order recommended by the Mayor was adopted for first passage under suspension of the rules by unanimous roll call vote of 11 yeas, 0 nays, 0 absent. Councillors Sosnowski, Sargent, Ronan, Prevey, Pinto, Pelletier, O’Keefe, McCarthy, Lovely, Furey and Ryan were recorded as voting in the affirmative. ORDERED: That the sum of Forty Million, Nine Hundred Seventy-Three Thousand, Nine Hundred Fifty-three Dollars ($40,973,953.00) be and hereby is appropriated for energy efficiency improvements to the Collins Middle School, located at 29 Highland Avenue, and for the payment of all costs incidental and related thereto (the “project”), which proposed Project would materially extend the useful life of the school building described above and preserve an asset that otherwise is capable of supporting the required educational program; said sum to be expended under the direction of the School Building Committee, and to meet said appropriation the Treasurer, with the approval of the Mayor, is authorized to borrow said sum under M.G.L. Chapter 44, or any other enabling authority; that the City acknowledges that the Massachusetts School Building Authority’s (“MSBA”) grant program is a non-entitlement, discretionary program based on need, as determined by the MSBA, and any project costs the City incurs in excess of any grant approved by and received from the MSBA shall be the sole responsibility of the City provided further that any grant that the City may receive from the MSBA for the Project shall not exceed the lesser of (1) seventy-eight and twenty-six hundredths percent (78.26%) of eligible, approved project costs, as determined by the MSBA, or (2) the total maximum grant amount determined by the MSBA, and that the amount of borrowing authorized pursuant to this vote shall be reduced by any amount set forth in the Project Funding Agreement between the City and the MSBA with respect to the Project. FURTHER ORDERED, that the Mayor and the Treasurer are each authorized to file an application to qualify under Chapter 44A of the Massachusetts General Laws any and all 234 CITY OF SALEM AUGUST 16, 2011 SPECIAL MEETING OF THE CITY COUNCIL bonds of the City issued under an pursuant hereto, and to provide such information and execute such documents as may be required in connection therewith. #520 – BOND ORDER FOR REPAIRS TO SALTONSTALL SCHOOL The following Order recommended by the Mayor was adopted for first passage under suspension of the rules by unanimous roll call vote of 11 yeas, 0 nays, 0 absent. Councillors Sosnowski, Sargent, Ronan, Prevey, Pinto, Pelletier, O’Keefe, McCarthy, Lovely, Furey and Ryan were recorded as voting in the affirmative. ORDERED, that the sum of Fifteen Million, Six Hundred Twenty-Eight Thousand, Four Hundred Six Dollars ($15,628,406) be and hereby is appropriated for energy efficiency improvements to the Saltonstall Elementary School, located at 211 Lafayette Street, and for the payment of all costs incidental and related thereto (the “Project”), which proposed Project would materially extend the useful life of the school building described above and preserve an asset that otherwise is capable of supporting the required educational program; said sum to be expended under the direction of the School Building Committee, and to meet said appropriation the Treasurer, with the approval of the Mayor, is authorized to borrow said sum under M.G.L. Chapter 44, or any other enabling authority; that the City acknowledges that the Massachusetts School Building Authority’s (“MSBA”) grant program is a non-entitlement, discretionary program based on need, as determined by the MSBA, and any project costs the City incurs in excess of any grant approved by and received from the MSBA shall be the sole responsibility of the City; provided further that any grant that the City may receive from the MSBA for the Project shall not exceed the lesser of (1) seventy-eight and twenty-six hundredths percent (78.26%) of eligible, approved project costs, as determined by the MSBA, or (2) the total maximum grant amount determined by the MSBA, and that the amount of borrowing authorized pursuant to this vote shall be reduced by any amount set forth in the Project Funding Agreement between the City and the MSBA with respect to the Project. FURTHER ORDERED, that the Mayor and the Treasurer are each authorized to file an application to qualify under Chapter 44A of the Massachusetts General Laws any and all bonds of the City issued under and pursuant hereto, and to provide such information and execute such documents as may be required in connection therewith. #521 – BOND ORDER FOR ENVIRONMENTAL REMEDIATION FOR MCGRATH PARK The following Order recommended by the Mayor was adopted for first passage under suspension of the rules by unanimous roll call vote of 11 yeas, 0 nays, 0 absent. Councillors Sosnowski, Sargent, Ronan, Prevey, Pinto, Pelletier, O’Keefe, McCarthy, Lovely, Furey and Ryan were recorded as voting in the affirmative. 235 CITY OF SALEM AUGUST 16, 2011 SPECIAL MEETING OF THE CITY COUNCIL ORDERED, that the sum of One Million Four Hundred Thousand Dollars ($1,400,000) be and hereby is appropriated to pay costs of environmental remediation at the former City landfill which is now the site of McGrath Park, and for the payment of all costs incidental and related thereto, and that to meet said appropriation the Treasurer, with the approval of the Mayor, is authorized to borrow said sum under M.G.L. Chapter 44, Sections 7 and 8, or pursuant to any other enabling authority. FURTHER ORDERED, that the Mayor and the Treasurer are each authorized to file an application to qualify under Chapter 44A of the Massachusetts General Laws any and all bonds of the City issued under and pursuant hereto, and to provide such information and execute such documents as may be required in connection therewith. #522 – BLOCK PARTY APPLICATION FOR BEACH AVENUE Councillor McCarthy introduced the following Order, which was adopted. ORDERED: That the block party application for Beach Avenue be granted. #523 – CITY PRELIMINARY ELECTION ORDER City Clerk Cheryl LaPointe, submitting the Election Order for September 20, 2011 City Preliminary election. ORDERED: That the meetings of the qualified voters of the City of Salem be held in all precints in the city at the polling places designated hereinafter on Tuesday, September 20, 2011 for the purpose of casting votes in the City Preliminary Election for the nomination of candidates for the following offices: Four Councillors at Large: for the term of two years Three members of the School Committee: for the term of four years AND BE IT FURTHER ORDERED: That the following places be and hereby are designated as polling places for said meetings: Ward One PRECINCT ONE Bentley School, Memorial Drive PRECINCT TWO 236 CITY OF SALEM AUGUST 16, 2011 SPECIAL MEETING OF THE CITY COUNCIL Ward Two PRECINCT ONE St. John’s School, St. Peter Street PRECINCT TWO Ward Three PRECINCT ONE Salem High School Auditorium, 77 Willson Street PRECINCT TWO Ward Four PRECINCT ONE Witchcraft Heights School Gymnasium, 1 Frederick Street PRECINCT TWO Ward Five PRECINCT ONE Temple Shalom, 287 Lafayette Street PRECINCT TWO Community Room, Pioneer Terrace Ward Six PRECINCT ONE Bates School, Liberty Hill Avenue PRECINCT TWO Recreation Dept., Mack Park Ward Seven PRECINCT ONE Salem State University Enterprise Center, 121 Loring Avenue PRECINCT TWO AND BE IT FURTHER ORDERED: That the polls at said meetings be opened at 7:00 a.m. and closed at 8:00 p.m. and that the City Clerk be instructed to post this notice as required by law. (#498-A) – SECOND PASSAGE ORDINANCE AMENDING SECOND HAND VALUABLES – RECORD OF PURCHASES The matter of second and final passage of an Ordinance amending Second Hand Valuables – Record of purchases, was then taken up. The Ordinance was adopted for second and final passage by unanimous roll call vote of 11 yeas, 0 nays, 0 absent. Councillor Lovely moved for immediate reconsideration in the hopes it would not prevail . Reconsideration was denied. 237 CITY OF SALEM AUGUST 16, 2011 SPECIAL MEETING OF THE CITY COUNCIL (#498-B) – SECOND PASSAGE ORDINANCE AMENDING PAWNBROKERS – INFORMATION REQUIRED BY CHIEF OF POLICE The matter of second and final passage of an Ordinance amending Pawnbrokers – Information required by Chief of Police, was then taken up. The Ordinance was adopted for second and final passage by unanimous roll call vote of 11 yeas, 0 nays, 0 absent. Councillor Lovely moved for immediate reconsideration in the hopes it would not prevail . Reconsideration was denied. On the motion of Councillor O’Keefe the meeting adjourned at 7:30 P.M. ATTEST: CHERYL A. LAPOINTE CITY CLERK